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Terms Used In Tennessee Code 40-39-203

  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: includes , but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court in any other state of the United States, other jurisdiction or other country. See Tennessee Code 40-39-202
  • Designated law enforcement agency: means any law enforcement agency that has jurisdiction over the primary or secondary residence, place of physical presence, place of employment, school or institution of higher education where the student is enrolled or, for offenders on supervised probation or parole, the department of correction or court ordered probation officer. See Tennessee Code 40-39-202
  • Employed or practices a vocation: means any full-time or part-time employment in the state, with or without compensation, or employment that involves counseling, coaching, teaching, supervising, volunteering or working with minors in any way, regardless of the period of employment, whether the employment is financially compensated, volunteered or performed for the purpose of any government or education benefit. See Tennessee Code 40-39-202
  • Institution of higher education: means a public or private:
    (A) Community college. See Tennessee Code 40-39-202
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Offender: means sexual offender, violent sexual offender and violent juvenile sexual offender, unless otherwise designated. See Tennessee Code 40-39-202
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Register: means the initial registration of an offender, or the re-registration of an offender after deletion or termination from the SOR. See Tennessee Code 40-39-202
  • Registering agency: means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board. See Tennessee Code 40-39-202
  • Report: means appearance before the proper designated law enforcement agency for any of the purposes set out in this part. See Tennessee Code 40-39-202
  • Resident: means any person who abides, lodges, resides or establishes any other living accommodations in this state, including establishing a physical presence in this state. See Tennessee Code 40-39-202
  • Secondary residence: means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for a period of fourteen (14) or more days in the aggregate during any calendar year and that is not the person's primary residence. See Tennessee Code 40-39-202
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • Sexual offender: means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction. See Tennessee Code 40-39-202
  • Sexual offense: means :
    (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:
    (i) Sexual battery, under §. See Tennessee Code 40-39-202
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Social media: means websites and other online means of communication that are usually used by large groups of people to share information, to develop social and professional contacts, and that customarily require an identifying password and user identification to participate. See Tennessee Code 40-39-202
  • SOR: means the TBI's centralized record system of offender registration, verification and tracking information. See Tennessee Code 40-39-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Student: means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning. See Tennessee Code 40-39-202
  • TBI: means the Tennessee bureau of investigation. See Tennessee Code 40-39-202
  • TBI registration form: means the Tennessee sexual offender registration, verification and tracking form. See Tennessee Code 40-39-202
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Violent juvenile sexual offender: means a person who is adjudicated delinquent in this state for any act that constitutes a violent juvenile sexual offense. See Tennessee Code 40-39-202
  • Violent sexual offender: means a person who has been convicted in this state of committing a violent sexual offense or has another qualifying conviction. See Tennessee Code 40-39-202
  • Violent sexual offense: means the commission of any act that constitutes the criminal offense of:
    (A) Aggravated rape, under [former] §. See Tennessee Code 40-39-202
(1) Within forty-eight (48) hours of establishing or changing a primary or secondary residence, establishing a physical presence at a particular location, becoming employed or practicing a vocation or becoming a student in this state, the offender shall register or report in person, as required by this part. Likewise, within forty-eight (48) hours of release on probation or any alternative to incarceration, excluding parole, the offender shall register or report in person, as required by this part.
(2) Regardless of an offender’s date of conviction, adjudication or discharge from supervision, an offender whose contact with this state is sufficient to satisfy the requirements of subdivision (a)(1) is required to register in person as required by this part, if the person was required to register as any form of sexual offender, juvenile offender or otherwise, in another jurisdiction prior to the offender’s presence in this state.
(3) An offender who resides and is registered in this state and who intends to move out of this state shall, within forty-eight (48) hours after moving to another state or within forty-eight (48) hours of becoming reasonably certain of the intention to move to another state, register or report to the offender’s designated law enforcement agency the address at which the offender will reside in the new jurisdiction.
(4) Within forty-eight (48) hours of a change in any other information given to the registering agency by the offender that is contained on the registration form, the offender must report the change to the registering agency.
(5) Within forty-eight (48) hours of being released from probation or parole, an offender must report to the proper law enforcement agency, which shall then become the registering agency and take over registry duties from the department of correction.
(6) Within forty-eight (48) hours of a material change in employment or vocation status, the offender shall report the change to the person’s registering agency. For purposes of this subdivision (a)(6), “a material change in employment or vocational status” includes being terminated involuntarily from the offender’s employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender’s hours of work at the same employment or vocation, taking additional employment, reducing the offender’s employment or any other change in the offender’s employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more.
(7) Within three (3) days, excluding holidays, of an offender changing the offender’s electronic mail address information, any instant message, chat or other internet communication name or identity information that the person uses or intends to use, whether within or without this state, the offender shall report the change to the offender’s designated law enforcement agency.
(b)

(1) An offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours prior to the offender’s release, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3), as follows:

(A) If incarcerated in a state, federal or private penal facility, with the warden or the warden’s designee; or
(B) If incarcerated in a local jail, with the sheriff or the sheriff’s designee.
(2) After registering or reporting with the incarcerating facility as provided in subdivision (b)(1), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution shall, within forty-eight (48) hours after the offender’s release from the incarcerating institution, report in person to the offender’s registering agency, unless the place of incarceration is also the person’s registering agency.
(3) Notwithstanding subdivisions (b)(1) and (2), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution and who has not registered pursuant to § 40-39-212(a) or any other law shall, by August 1, 2011, be required to report in person, register, complete and sign a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3), as follows:

(A) If incarcerated in a state, federal or private penal facility, with the warden or the warden’s designee; or
(B) If incarcerated in a local jail, with the sheriff or the sheriff’s designee.
(c) An offender from another state, jurisdiction or country who has established a primary or secondary residence within this state or has established a physical presence at a particular location shall, within forty-eight (48) hours of establishing residency or a physical presence, register or report in person with the designated law enforcement agency, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3).
(d)

(1) An offender from another state, jurisdiction or country who is not a resident of this state shall, within forty-eight (48) hours of employment, commencing practice of a vocation or becoming a student in this state, register or report in person, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3), with:

(A) The sheriff in the county or the chief of police in the municipality within this state where the offender is employed or practices a vocation; or
(B) The law enforcement agency or any institution of higher education, or if not applicable, the designated law enforcement agency with jurisdiction over the campus, if the offender is employed or practices a vocation or is a student.
(2) Within forty-eight (48) hours of an offender from another state, jurisdiction or country who is not a resident of this state making a material change in the offender’s vocational or employment or vocational status within this state, the offender shall report the change to the person’s registering agency. For purposes of this subdivision (d)(2), “a material change in employment or vocational status” includes being terminated involuntarily from the offender’s employment or vocation, voluntarily terminating the employment or vocation, taking different employment or the same employment at a different location, changing shifts or substantially changing the offender’s hours of work at the same employment or vocation, taking additional employment, reducing the offender’s employment or any other change in the offender’s employment or vocation that differs from that which the offender originally registered. For a change in employment or vocational status to be considered a material one, it must remain in effect for five (5) consecutive days or more.
(e) An offender from another state, jurisdiction or country who becomes a resident of this state, pursuant to the Interstate Compact for Supervision of Adult Offenders, compiled in title 40, chapter 28, part 4, shall, within forty-eight (48) hours of entering the state, register or report in person with the board, completing and signing a TBI registration form, under penalty of perjury, pursuant to § 39-16-702(b)(3), in addition to the requirements of title 40, chapter 28, part 4 and the specialized conditions for sex offenders from the board.
(f) Offenders who do not maintain either a primary or secondary residence, as defined in this part, shall be considered homeless and are subject to the registration requirements of this part. Offenders who do not maintain either a primary or secondary residence shall be required to report to their registering agency monthly for so long as they do not maintain either a primary or secondary residence.
(g) Offenders who were previously required to register or report under former title 40, chapter 39, part 1 [repealed], shall register or report in person with the designated law enforcement agency by August 31, 2005. Offenders who reside in nursing homes and assisted living facilities and offenders committed to mental health institutions or continuously confined to home or health care facilities due to mental or physical disabilities are exempt from this requirement, as otherwise provided by this part.
(h) An offender who indicates to a designated law enforcement agency on the TBI registration form the offender’s intent to reside in another state, jurisdiction or country and who then decides to remain in this state shall, within forty-eight (48) hours of the decision to remain in the state, report in person to the designated law enforcement agency and update all information pursuant to subsection (i).
(i) TBI registration forms shall require the registrant’s signature and disclosure of the following information, under penalty of perjury, pursuant to § 39-16-702(b)(3):

(1) Complete name and all aliases, including, but not limited to, any names that the offender may have had or currently has by reason of marriage or otherwise, including pseudonyms and ethnic or tribal names;
(2) Date and place of birth;
(3) Social security number;
(4) A photocopy of a valid driver license, or if no valid driver license has been issued to the offender, a photocopy of any state or federal government issued identification card;
(5) For an offender on supervised release, the name, address and telephone number of the registrant’s probation or parole officer or other person responsible for the registrant’s supervision;
(6) Sexual offenses or violent sexual offenses for which the registrant has been convicted, the date of the offenses and the county and state of each conviction; or the violent juvenile sexual offense for which the registrant has been adjudicated delinquent, the date of the act for which the adjudication was made and the county and state of each adjudication;
(7) Name of any current employers and length of employment, including physical addresses and phone numbers;
(8) Current physical address and length of residence at that address, which shall include any primary or secondary residences. For the purpose of this section, a post office box number shall not be considered an address;
(9) Mailing address, if different from physical address;
(10) Any vehicle, mobile home, trailer or manufactured home used or owned by an offender, including descriptions, vehicle information numbers and license tag numbers;
(11) Any vessel, live-aboard vessel or houseboat used by an offender, including the name of the vessel, description and all identifying numbers;
(12) Name and address of each institution of higher education in this state where the offender is employed or practices a vocation or is a student;
(13) Race and gender;
(14) Name, address and phone number of offender’s closest living relative;
(15) Whether victims of the offender’s convictions are minors or adults, the number of victims and the correct age of the victim or victims and of the offender at the time of the offense or offenses, if the ages are known;
(16) Verification by the TBI or the offender that the TBI has received the offender’s DNA sample;
(17) A complete listing of the offender’s electronic mail address information, including usernames, any social media accounts the offender uses or intends to use, instant message, other internet communication platforms or devices, and the offender’s username, screen name, or other method by which the offender accesses these accounts or websites;
(18) Whether any minors reside in the primary or secondary residence;
(19)

(A) Any other registration, verification and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels, as referred to in subdivisions (i)(10) and (i)(11), as may be required by rules promulgated by the TBI, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(B) By January 1, 2007, the TBI shall promulgate and disseminate to all applicable law enforcement agencies, correctional institutions and any other agency that may be called upon to register an offender, rules establishing standardized specifications for the photograph of the offender required by subdivision (i)(19)(A). The rules shall specify that the photograph or digital image submitted for each offender must conform to the following compositional specifications or the entry will not be accepted for use on the registry and the agency will be required to resubmit the photograph:

(i) Head Position:

(a) The person being photographed must directly face the camera;
(b) The head of the person should not be tilted up, down or to the side; and
(c) The head of the person should cover about fifty percent (50%) of the area of the photo;
(ii) Background:

(a) The person being photographed should be in front of a neutral, light-colored background; and
(b) Dark or patterned backgrounds are not acceptable;
(iii) The photograph must be in focus;
(iv) Photos in which the person being photographed is wearing sunglasses or other items that detract from the face are not permitted; and
(v) Head Coverings and Hats:

(a) Photographs of applicants wearing head coverings or hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant; and
(b) Photos of applicants with tribal or other headgear not specifically religious in nature are not permitted;
(20) Copies of all passports and immigration documents; and
(21) Professional licensing information that authorizes an offender to engage in an occupation or carry out a trade or business.
(j)

(1) Notwithstanding the registration deadlines otherwise established by this section, any person convicted of a sexual offense or violent sexual offense in this state or who has another qualifying conviction as defined in § 40-39-202, but who is not required to register for the reasons set out in subdivision (j)(2), shall have until August 1, 2007, to register as a sexual offender or violent sexual offender in this state.
(2) Subdivision (j)(1) shall apply to offenders:

(A) Whose convictions for a sexual offense or violent sexual offense occurred prior to January 1, 1995;
(B) Who were not on probation, parole or any other alternative to incarceration for a sexual offense or prior sexual offense on or after January 1, 1995;
(C) Who were discharged from probation, parole or any other alternative to incarceration for a sexual offense or violent sexual offense prior to January 1, 1995; or
(D) Who were discharged from incarceration without supervision for a sexual offense or violent sexual offense prior to January 1, 1995.
(k) No later than the third day after an offender’s initial registration, the registration agency shall send by the United States postal service or by electronic means the original signed TBI registration form containing information required by subsection (i) to TBI headquarters in Nashville.
(l) The offender’s signature on the TBI registration form creates the presumption that the offender has knowledge of the registration, verification and tracking requirements of this part.
(m) Registry information regarding all registered offender’s electronic mail address information, any instant message, chat or other internet communication name or identity information may be electronically transmitted by the TBI to a business or organization that offers electronic communication or remote computing services for the purpose of prescreening users or for comparison with information held by the requesting business or organization. In order to obtain the information from the TBI, the requesting business or organization that offers electronic communication or remote computing services shall agree to notify the TBI forthwith when a comparison indicates that any such registered sex offender’s electronic mail address information, any instant message, chat or other internet communication name or identity information is being used on their system. The requesting business or organization shall also agree that the information will not be further disseminated.
(n) If the offender’s DNA sample has not already been collected pursuant to § 40-35-321 or any other law and received by the TBI, the offender’s DNA sample shall be taken by the registering agency at the time the offender registers or at the offender’s next scheduled registration or reporting and sent to the TBI.
(o) An offender who registers or reports as required by this section prior to July 1, 2008, shall provide the additional information on the registration form required by this section at the offender’s next scheduled registration or reporting date.
(p) An offender who is housed in a halfway house or any other facility as an alternative to incarceration where unsupervised contact is permitted outside of the facility is required to register or report with the registering agency as set out in § 40-39-204 in the city or county of the facility in which the offender is housed. The registering agency shall be responsible for the duties set out in § 40-39-205(b) during the time that the offender is housed in the facility.
(q) Any court exercising juvenile jurisdiction that adjudicates a juvenile as delinquent for conduct that qualifies such juvenile as a violent juvenile sexual offender shall transmit the information set out in subsection (i) pertaining to such violent juvenile sexual offender to the TBI for inclusion on the SOR within forty-eight (48) hours of the offender’s adjudication for the qualifying offenses set out in § 40-39-202(29).
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